2019 New York Laws
DOM - Domestic Relations
Article 7 - Adoption
Title 1 - Adoptions Generally
111-A - Notice in Certain Proceedings to Fathers of Children Born Out-of-Wedlock.

§  111-a.  Notice  in  certain proceedings to fathers of children born
out-of-wedlock. 1. Notwithstanding any inconsistent provisions  of  this
or  any other law, and in addition to the notice requirements of any law
pertaining to persons other than those specified in subdivision  two  of
this  section,  notice  as provided herein shall be given to the persons
specified in subdivision two of this section of any adoption  proceeding
initiated  pursuant  to  this  article  or  of  any proceeding initiated
pursuant to section one hundred fifteen-b of this  article  relating  to
the  revocation  of an adoption consent, when such proceeding involves a
child born out-of-wedlock provided, however, that such notice shall  not
be  required  to  be  given  to any person who previously has been given
notice of any proceeding involving the child, pursuant to section  three
hundred  eighty-four-c  of the social services law, and provided further
that notice in an adoption proceeding, pursuant to  this  section  shall
not  be  required  to be given to any person who has previously received
notice of any proceeding pursuant to section one  hundred  fifteen-b  of
this  article.  In  addition  to  such  other  requirements  as  may  be
applicable to the petition in any proceeding in  which  notice  must  be
given  pursuant  to this section, the petition shall set forth the names
and last known addresses of all persons required to be given  notice  of
the  proceeding,  pursuant  to this section, and there shall be shown by
the petition or by affidavit or other proof satisfactory  to  the  court
that there are no persons other than those set forth in the petition who
are  entitled to notice. For the purpose of determining persons entitled
to notice of adoption proceedings initiated pursuant  to  this  article,
persons  specified  in subdivision two of this section shall not include
any person who has been convicted of one or more of the following sexual
offenses in this state or convicted of one or more offenses  in  another
jurisdiction  which, if committed in this state, would constitute one or
more of the following offenses, when the child who is the subject of the
proceeding was conceived as a  result:  (A)  rape  in  first  or  second
degree;  (B)  course  of  sexual  conduct  against  a child in the first
degree; (C) predatory sexual assault; or (D)  predatory  sexual  assault
against a child.
  2.  Persons  entitled  to  notice, pursuant to subdivision one of this
section, shall include:
  (a) any person adjudicated by a court in this state to be  the  father
of the child;
  (b) any person adjudicated by a court of another state or territory of
the  United  States to be the father of the child, when a certified copy
of the court order has been filed with  the  putative  father  registry,
pursuant  to  section three hundred seventy-two-c of the social services
law;
  (c) any person who has timely filed an unrevoked notice of  intent  to
claim  paternity  of  the  child,  pursuant  to  section  three  hundred
seventy-two-c of the social services law;
  (d) any person who is recorded on the child's birth certificate as the
child's father;
  (e) any person who is openly living with the  child  and  the  child's
mother  at  the  time  the  proceeding  is  initiated and who is holding
himself out to be the child's father;
  (f) any person who has been identified as the child's  father  by  the
mother in written, sworn statement;
  (g) any person who was married to the child's mother within six months
subsequent  to  the  birth  of the child and prior to the execution of a
surrender instrument or the  initiation  of  a  proceeding  pursuant  to
section three hundred eighty-four-b of the social services law; and
  (h)  any  person  who  has  filed with the putative father registry an
instrument acknowledging paternity of the  child,  pursuant  to  section
4-1.2 of the estates, powers and trusts law.
  3.  The provisions of this section shall not apply to persons entitled
to notice pursuant to section one hundred eleven.
  The sole purpose of notice under this section shall be to  enable  the
person  served  pursuant  to  subdivision two to present evidence to the
court relevant to the best interests of the child.
  4. Notice under this section shall be given at least twenty days prior
to the proceeding by delivery of a copy of the petition  and  notice  to
the  person.  Upon a showing to the court, by affidavit or otherwise, on
or before the date of the proceeding or within such further time as  the
court  may  allow,  that  personal  service  cannot  be  effected at the
person's last known address with reasonable effort, notice may be given,
without prior court order therefor, at least twenty days  prior  to  the
proceeding by registered or certified mail directed to the person's last
known address or, where the person has filed a notice of intent to claim
paternity  pursuant to section three hundred seventy-two-c of the social
services law, to the address last entered therein. Notice by publication
shall not be required to  be  given  to  a  person  entitled  to  notice
pursuant to the provisions of this section.
  5.  A  person  may  waive  his  right  to notice under this section by
written instrument subscribed by him and acknowledged or proved  in  the
manner  required for the execution of a surrender instrument pursuant to
section three hundred eighty-four of the social services law.
  6. The notice given to persons pursuant to this section  shall  inform
them  of  the  time, date, place and purpose of the proceeding and shall
also apprise such persons that their failure to appear shall  constitute
a denial of their interest in the child which denial may result, without
further  notice,  in the adoption or other disposition of the custody of
the child.
  7. No order of adoption and no order of the court pursuant to  section
one  hundred  fifteen-b  shall be vacated, annulled or reversed upon the
application of any  person  who  was  properly  served  with  notice  in
accordance  with this section but failed to appear, or who waived notice
pursuant to subdivision  five.  Nor  shall  any  order  of  adoption  be
vacated, annulled or reversed upon the application of any person who was
properly  served  with  notice  in  accordance  with this section in any
previous proceeding pursuant to section one hundred fifteen-b  in  which
the  court  determined  that  the  best  interests of the child would be
served by adoption of the child by the adoptive parents.